s.11Court may sever the performed from the unperformed parts of a contract for the purpose of this Part
11
Section 11Part 2Frustrated Contracts

Court may sever the performed from the unperformed parts of a contract for the purpose of this Part

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Where it appears to the court that a part of any contract to which this Part applies can properly be severed from the remainder of the contract, being a part wholly performed before the time of discharge, or so performed except for the payment in respect of that part of the contract of sums which are or can be ascertained under the contract, the court shall treat that part of the contract as if it were a separate contract and had not been frustrated and shall treat this Part as only applicable to the remainder of that contract.